The Brazilian Supreme Court has begun imposing harsh sanctions on Elon Musk’s app X. Authorities in Brazil have decided to block access to the app because X has not appointed a legal representative in the country. The decision, made by Brazilian Supreme Court Justice Alexandre de Moraes, is the latest in a series of ongoing tensions between Musk and the Brazilian judiciary. Judge Moraes ordered the National Telecommunications Agency (Anatel) to restrict access to X within 24 hours and gave Apple and Google five days to remove the app from mobile stores. It was also announced that anyone who tries to access X using a VPN will be fined 50,000 Brazilian reais (approximately $8,900) per day.
This decision comes after Musk closed X’s offices in Brazil. Elon Musk had revealed that X’s legal representative in Brazil had received threats of arrest for not complying with Judge Moraes’ orders, which he described as “censorship.” Brazil’s Supreme Court gave X 24 hours on Wednesday to appoint a new legal representative in the country. It was reported that if a new representative was not appointed within that time, the platform would be banned in the country.
Tensions escalate between Musk and Brazilian judiciary
Elon Musk has reacted strongly to the Brazilian Supreme Court’s decision. Musk said in a statement on the X platform, “Freedom of expression is the foundation of democracy, and an unelected judge in Brazil is destroying it for political purposes.” The tension between Musk and Judge de Moraes goes back months. In April, Judge de Moraes claimed that Musk had reactivated accounts on the X platform that had previously been closed for spreading misinformation. Many of these accounts are reportedly linked to supporters of former Brazilian President Jair Bolsonaro.
X said in a statement on Thursday evening that it respects free speech laws in Brazil, but that Judge de Moraes’ request violates the country’s own laws. “We are not advocating for other countries to have the same free speech laws as the US,” X’s global government affairs account said. “The fundamental issue here is that Judge de Moraes is asking us to violate Brazil’s own laws. We cannot do that.” X also announced that it will make Judge de Moraes’ requests and related court documents public.
Brazilian law requires major digital platforms operating in the country to have a legal representative. Platforms that fail to comply with this requirement can face access restrictions in Brazil. Popular social media apps such as Telegram and WhatsApp have previously faced similar sanctions in Brazil.
In addition to the legal representation crisis in Brazil, Starlink, which is part of SpaceX, another company owned by Elon Musk, is also affected by this tension. Starlink said in a statement on Thursday that Judge de Moraes had frozen the company’s financial assets. Starlink claimed that the decision was made to hold them responsible for the fines imposed on X, which they said were unconstitutional.
These incidents stand out as the latest in a series of ongoing disputes between Brazil and Elon Musk. Judge de Moraes’ decisions have reignited debates about the rule of law and freedom of expression in Brazil. What strategy Musk will follow in response to this situation and how his relations with the Brazilian government will shape itself remain a matter of curiosity.